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Home My WebLink About#5182 Approving a permanent easement for the city of canton RESOLUTION NO 5182 A RESOLUTION APPROVING A PERMANENT EASEMENT FOR THE CITY OF CANTON WHEREAS, a fire hydrant and water main have been located in the vicinity of 175 E. Elm Street affiliated with CEFCU; WHEREAS, CEFCU is willing to provide a permanent Easement to the City of Canton to allow for repairs, replacements and other actions to be taken with the fire hydrant, water main and water lines related to same; WHEREAS, in order to ensure the City has the ability to maintain and replace the fire hydrant, water main and their related components, the City has requested a permanent Easement from CEFCU, which they are willing to provide; WHEREAS, the City Council of the City of Canton has determined that it is necessary and in the best interest of the City of Canton to enter into the Easement grant to allow for access to the fire hydrant, water main and related components, and to allow for repair and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. That the Easement attached hereto and incorporated herein as Exhibit A is hereby approved by the Canton City Council; 2. That the Mayor of the City of Canton, Illinois and City Clerk are hereby authorized and directed to execute said Easement on behalf of the City of Canton; 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the mayor thereof. PASSED by the City Council of the City of Canton, Illinois, at a regular meeting this 5TH day of March, 2019, upon a roll call vote as follows: AYES: Aldermen Ryan Mayhew, Justin Nelson, John Lovell, Craig West, Angela Hale, Tad Putrich, Angela Lingenfelter, Quin Mayhew NAYS: None ABSENT: None ABSTAIN: None APP OVED: Wv;��t�4 Kent McDowell, Ma ATTEST: Diana Pavle Rock, City Jerk 2 The Above Space for Recorder's Use Only EASEMENT GRANT KNOW ALL MEN BY THESE PRESENTS, that the Grantor, Citizens Equity First Credit Union, an Illinois credit union, hereby represents that it is the owner in fee simple of a tract of land situated in the County of Fulton and State of Illinois, described as follows, to-wit (the "Easement Parcel"): Being a part of Lot 8 in Nathan Jones' First Addition to the City of Canton, a subdivision recorded in Plat Book 2 Page 79 on September 10, 1831, being in Fulton County, Illinois. More particularly described as follows: Beginning at the southwest corner of said lot 8, thence north 00 degrees 21 minutes 45 seconds west 40.55 feet along the west line of said lot 8; thence north 90 degrees 00 minutes 00 seconds east 15.00 feet; thence south 00 degrees 00 minutes 00 seconds east 10.00 feet; thence south 90 degrees 00 minutes 00 seconds west 6.44 feet; thence south 00 degrees 00 minutes 00 seconds east 30.50 feet to the south line of said lot 8; thence south 89 degrees 38 minutes 04 seconds west 8.30 feet along said south line to the point of beginning. Containing 406 square feet, or 0.009 acre more or less. As shown on the plat thereof, attached hereto and made a part hereof as Exhibit A. The Grantor, in consideration of One Dollar ($1.00) and other good and valuable consideration, paid by the City of Canton, Fulton County, Illinois, a municipal corporation, hereinafter called the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT to the Grantee, its successors and assigns, an easement with the right to use, operate, inspect, repair, maintain, replace and remove a water main and appurtenances, including, without limitation, a fire hydrant (collectively, the "Facilities"), for the conveyance of water over, under and across the Easement Parcel, together with all of Grantor's rights in and to the Facilities. The Grantor and the Grantee agree that the easement herein granted consists of a perpetual easement. The Grantor reserves the right to use the Easement Parcel in any manner not inconsistent with the rights granted herein, provided, however, that Grantor agrees not to place any permanent building or improvement over the Easement Parcel. By accepting and recording this easement, the Grantee agrees to maintain the Facilities in a state of good repair and efficiency so that no unreasonable damages will result from their use to the Easement Parcel or Grantor's adjoining property. Grantee further agrees, in connection with its use, operation, inspection, repair, maintenance, replacement and/or removal of any of the Facilities, to finish, grade and seed disturbed turfed areas, to restore any pavements, walks, drives or other improvements to their original condition and to take reasonable precautions to minimize damage to trees and shrubs. The agreements contained herein shall be binding on the Grantor and the Grantee and their respective successors and assigns. IN WITNESS WHEREOF, the Grantor has executed this instrument this day of 92018. CITIZENS EQUITY FIRST CREDIT UNION, an Illinois credit union By: Name: Its: STATE OF ILLINOIS ) ) SS. COUNTY OF PEORIA ) 1, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that ' personally known to me to be the of CITIZENS EQUITY FIRST CREDIT UNION, an Illinois credit union, whose name is subscribed to the foregoing instrument, appeared before me this day in person and signed said instrument as said officer of CITIZENS EQUITY FIRST CREDIT UNION, an Illinois credit union, pursuant to the authority given by the Board of Directors of said credit union as his/her free and voluntary act, and as the free and voluntary act of said credit union,for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of , 2018. Notary Public •y.w . I IIIIII I II I II II II 8010514 Tx:4005804 1985868 JAMES I.NELSON COUNTY CLERK&RECORDER FULTON COUNTY,IL RECORDED ON 06/10/2019 10:04 AM RECORDING FEE 67.00 PAGES:4 The Above Space for Recorder's Use Only EASEMENT GRANT KNOW ALL MEN BY THESE PRESENTS, that the Grantor, Citizens Equity First Credit Union, an Illinois credit union, hereby represents that it is the owner in fee simple of a tract of land situated in the County of Fulton and State of Illinois, described as follows, to-wit (the "Easement Parcel"): Being a part of Lot 8 in Nathan Jones' First Addition to the City of Canton, a subdivision recorded in Plat Book 2 Page 79 on September 10, 1831, being in Fulton County, Illinois. More particularly described as follows: Beginning at the southwest corner of said lot 8, thence north 00 degrees 21 minutes 45 seconds west 40.55 feet along the west line of said lot 8; thence north 90 degrees 00 minutes 00 seconds east 15.00 feet; thence south 00 degrees 00 minutes 00 seconds east 10.00 feet; thence south 90 degrees 00 minutes 00 seconds west 6.44 feet; thence south 00 degrees 00 minutes 00 seconds east 30.50 feet to the south line of said lot 8; thence south 89 degrees 38 minutes 04 seconds west 8.30 feet along said south line to the point of beginning. Containing 406 square feet, or 0.009 acre more or less. As shown on the plat thereof, attached hereto and made a part hereof as Exhibit A. The Grantor, in consideration of One Dollar ($1.00) and other good and valuable consideration, paid by the City of Canton, Fulton County, Illinois, a municipal corporation, hereinafter called the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT to the Grantee, its successors and assigns, an easement with the right to use, operate, inspect, repair, maintain, replace and remove a water main and appurtenances, including, without limitation, a fire hydrant (collectively, the "Facilities"), for the conveyance of water over, under and across the Easement Parcel, together with all of Grantor's rights in and to the Facilities. The Grantor and the Grantee agree that the easement herein granted consists of a perpetual easement. The Grantor reserves the right to use the Easement Parcel in any manner not inconsistent with the rights granted herein, provided, however, that Grantor agrees not to place any permanent building or improvement over the Easement Parcel. By accepting and recording this easement, the Grantee agrees to maintain the Facilities in a state of good repair and efficiency so that no unreasonable damages will result from their use to the Easement Parcel or Grantor's adjoining property. Grantee further agrees, in connection with its use, operation, inspection, repair, maintenance, replacement and/or removal of any of the Facilities, to finish, grade and seed disturbed turfed areas, to restore any pavements, walks, drives or other improvements to their original condition and to take reasonable precautions to minimize damage to trees and shrubs. The agreements contained herein shall be binding on the Grantor and the Grantee and their respective successors and assigns. IN WITNESS WHEREOF, the Grantor has executed this instrument this aeday of 2019. CITIZENS EQUITY FIRST CREDIT UNION, an Illinois credit union By: Name: 17.e- Its: CAi -redn"6e--W -4' STATE OF ILLINOIS ) ) SS. COUNTY OF PEORIA ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Tirmo4h -1• Duvr 0r1 , personally known to me to be theM&IThvlo cgiC e(of CITIZENS EQUITY ST CREDIT UNION, an Illinois credit union, whose name is subscffyed to the foregoing instrument, appeared before me this day in person and signed said instrument as said officer of CITIZENS EQUITY FIRST CREDIT UNION, an Illinois credit union, pursuant to the authority given by the Board of Directors of said credit union as his/her free and voluntary act, and as the free and voluntary act of said credit union, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this al SA day of AACu ie, ', 2019. ibQ OFFICIAL SEAL No y Publi JENNIFER L. CUNNINGHAM NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES 11-27-2020 LEGEND EXHIBIT — — — EASEMENT LIMITS LINE V T12 PROPOSED EASEMENT 's 0 30 60 AREA=406 SQ. FT. 0.009 AC.t SCALE:1"=60' N89048'49"E 182.70' CL oa I nT r s " � v o W N _ I tr In n � r 0 wN O O O W Z W. LINE LOT 8 (` � W �0000u J N90oE J 15.00' vr` r�v�` r' r�`v r S00°00'00"E s 10.00' u N00°21'45"W `, 40.55' S9000010011W g 6.44' S. LINE LOT 8 v30//J 00°00'00E"EN .50' s S89°38'06'W 182.35' C3 i S89°38'04'W W s.3o' EAST ELM STREET (66' R.O.W.) P.O.B. S.W. COR. LOT 8 TAX ID NO.'S 09-08-27-433-016 9 PT. S.E. 1/4 SEC. 27, T.7N.,RAE.4P.M. 09-OS-27-433-017 o Project N o:0120236.00 Farnsworth CAIN EU. Doak Na: WATER MAIN EASEMENT Drawn by: DJM GROUP CITY OF CANTON, ILLINOIS Reviewed: JJs N 7707 N.KNOXVILLE AVE,SUITE 100 D ate: 3/31/16 EPEORIA,ILLINOIS 61614 1 OF 2 v (309)689.9888/(309)689.9820 Fax PEO-8-49 .a . 1 WATER MAIN EASEMENT DESCRIPTION BEING A PART OF LOT 8 IN NATHAN JONES' FIRST ADDITION TO THE CITY OF CANTON, A SUBDIVISION RECORDED IN PLAT BOOK 2 PAGE 79 ON SEPTEMBER 10, 1831,BEING IN FULTON COUNTY, ILLINOIS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CL BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8,THENCE NORTH 00 DEGREES 21 MINUTES 45 SECONDS WEST 40.55 FEET ALONG THE WEST LINE OF SAID o LOT 8; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 15.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 10.00 FEET;THENCE M SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 6.44 FEET;THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 30.50 FEET TO THE SOUTH LINE OF SAID LOT 8;THENCE SOUTH 89 DEGREES 38 MINUTES 04 SECONDS WEST 8.30 FEET ALONG SAID N SOUTH LINE TO THE POINT OF BEGINNING. CONTAINING 406 SQUARE FEET, OR 0.009 ACRE MORE OR LESS. M \\\\`o`\ nl J:wSI i J S.. rVF 4ii Z �� UJ En 3413 Z = a PROFESSIONAL °2 FARNSWORTH GROUP, INC. _ LAND SURVEYOR 7707 N. Knoxville Ave,Suite 100 STATE OF IWNOIS Peoria, IL 61614 `•'c.;,,;' �� -- Ol/IAIIIIIII1111�\v\ By: Kenneth J. Silverthorn Illinois Professional Land Surveyor No.3413 DATE: 3-31- 2-01 EXP. DATE: 11-30-2016 I DESIGN FIRM REGISTRATION 0 o N0. 184-001856 0 rn rn a 0 0 U W W U TAX ID NO.'S 09-08-27-433-016 LPT_. S.E. 1/4 SEC. 27, T.7N., RAE.4P.M. 09 08-27-433-017 Projo ct N o:0120236.00 Farnsworth MAIN C.U. Book No: ' WATER MAIN EASEMENT � Drawn by: DJM Reviewed: JJB GROUP CITY OF CANTON, ILLINOIS Date: 3/31/16 N 7707 N.KNOXVILLE AVE,SU ITE 100 PEORIA,ILLINOIS 61614 2 QF 2 E (309)689.9888/(309)689.9820 Fox PEO-8-49